Regarding -- affidavit - examination in chief

Guest (Querist) 30 November 2011 This query is : Resolved

Affidavit of witness for Examination-in-chief under order 18 rule 4 tendered in Court along with statement of witness to tender this affidavit, But in cross examination the witness gave the evasive reply regarding the execution of the affidavit, when opposite counsel confuse him by asking some questions..........

Here are his replies

1 I don't know who wrote this affidavit,

2 I don't know what is written in this
affidavit..

3 I don't went to any notary public for
its attestation etc.......

What is the effect of his reply???

Provide any suggestion/solution

what remedy is available with us?

Thanks

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Kiran Kumar (Expert) 30 November 2011
in my opinion these are major lapses.

if the witness says that he does not know what he deposed then certainly he is not aware of the case and is a false witness.

generally the affidavits are in English language, in one of the cases the testimony of the witness was discarded because in cross examination he said he did not know English and did not know what is written in his affidavit.

the only remedy now is to find out some other proper witness to support the case.

adv. rajeev ( rajoo ) (Expert) 01 December 2011
He is hostile wittness. He could have been cross examined by an advocate for whom this wittensess was stepped in the wittness box.

V R SHROFF (Expert) 01 December 2011
Try to cover your points by either Re-examine him, or produce another witness.
U must explain your witness that he read / and or was explained in his language what are contents of affidavit, and knows abt it. If he is hostile declare so, and cross him .
Otherwise his Evidence will not be used.

Rajeev Kumar (Expert) 01 December 2011
Agree with ld. Kiran and rajeev

Arun Kumar Bhagat (Expert) 15 January 2012
After cross-examination a witness can not be declared Hostile. From the given facts, it is proved that witness does not know about the facts of the said case, hence his evidence is unworthy of consideration.

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